Doctors at Risk for Malpractice Suits over Medical Device Injuries

Concerns are being raised as to the responsibility that doctors have when it comes to updates and medication instructions for medical devices. This comes on the heels of a Kentucky surgeon who was sued after improperly using a pain pump that caused injuries.

The manufacturer of the medical device cited that the doctor should have been aware of the warnings concerning certain anesthetics being used with it; however, the doctor contends that he was never informed of this newest warning.

The confusion is in whether or not the manufacturer is responsible for informing the medical field of updates and warnings regarding devices, or if the medical field is responsible for seeking this information out first.

Doctors rely on sales representatives who sell them medical devices to inform them of changes. Most don’t take the time to re-read warning labels and instructions. However, if a sales rep fails to provide this information and the doctor uses the device incorrectly, it does put them at risk of being held legally liable.